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The Azad Jammu and Kashmir Laws Code

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The Azad Jammu and Kashmir Laws Code Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR LAW AND PARLTAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated the 2nd January, 1981 No. 21/LD/81. The following Ordinance made by the President on the 2nd day of January, 1981, is hereby published for general information:- (ORDINANCE I OF 1981) AN ORDINANCE further to amend the Azad Kashmir Courts and Law Code, 1949. WHEREAS it is expedient to amend the Azad Kashmir Courts and Law Code, 1949, for the purpose hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 1. Short Title and Commencement. - (1) This Ordinance may be called the Azad Kashmir Courts and Law Code (Amendment) Ordinance, 1981. (2) It shall come into force at once. 2. Amendment of Section 5, Azad Kashmir Courts and Laws Code, 1949.- In the Azad Kashmir Courts and Laws Code, 1949, hereinafter referred as the said Code, in Section 5, in sub-section (1):- (a) for the word ‘two or three other’ the words ‘three or more’ shall be substituted; and (b) after sub-section (1) the following new sub-section (1-A) shall be inserted and shall be deemed always to have been so inserted, namely:- “(1-A) At any time when:- (a) the office of the Chief Justice of the High Court is vacant; or (b) the Chief Justice of the High Court is absent or is unable to perform the functions of his office due to any other cause; 1 Volume VII (1981 to 1984) the President shall appoint the most senior of the other Judges of the High Court to act as Chief Justice.” (3) Insertion of Section 26-A, Azad Kashmir Courts and Laws Codes, 1949.- In the said Code, after Section 26, the following new section shall be inserted, namely as:- “26-A General provisions relating to the Judicature.- A person who has been office as a permanent Judge:- (a) of the Azad Jammu and Kashmir Judicial Board or Supreme Court of Azad Jammu and Kashmir, shall not plead or act in any court or before any authority in Azad Jammu and Kashmir; and (b) of the High Court, shall not plead or act in any Court or before any authority within its jurisdiction. (Mohammad Hayat Khan) President Azad Jammu and Kashmir --------------- Sd/- (Khalil Ahmed Qureshi) Secretary Law 2 Volume VII (1981 to 1984) THE AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR, LAW AND PARLTAMENTARY AFFAIRS SECRETARIAT, MUZAFFARABAD. Dated the 3rd January, 1981 No.8/LD/81. The following Ordinance made by the President on the 3rd day of January, 1981, is hereby published for general information:- (ORDINANCE II OF 1981) AN ORDINANCE to provide for law relating to the Acquisition of Land for Housing and Development Schemes in Azad Jammu and Kashmir and for matters ancillary thereto WHEREAS it is expedient to provide for law relating to Acquisition of Land for Housing and Development Schemes, in the manner hereinafter appearing; AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of Section 41 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 the President is pleased to make and promulgate the following Ordinance:- 1. Short title, Extent and Commencement.- (1) This Ordinance may be called the Azad Jammu and Kashmir Acquisition of Land (Housing and Development Schemes) Ordinance, 1981. (2) It shall extend to the whole of Azad Jammu and Kashmir. (3) It shall come into force at once. 2. Definition.- (1) In this Ordinance unless there is anything repugnant in the subject or context:- (a) 'Collector' means the Collector of a District and includes any Officer specially empowered by the Government to perform the functions of a Collector under this Ordinance; (b) 'Development Scheme' means any public welfare Scheme including Water Supply, Roads, public, buildings, Electric installation and land used for Industrial purposes or any other similar purpose specified by the official Development Agency. 3 Volume VII (1981 to 1984) (c) ‘Commissioner’ means the Chief Officer Incharge of Revenue and General Administration of Azad Jammu and Kashmir; (d) ‘Deputy Commissioner’ means the Chief Officer incharge of the General Administration of a District; (e) ‘Government’ means the Azad Government of the State of Jammu and Kashmir. (f) ‘Official Development Agency” means any nation building Department and includes: (i) Autonomous and Semi-autonomous bodies established as such under any law for the time being inforce. (ii) Any Organization or Organizations that the Government may declare to be official Development Agency: (g) ‘Housing Scheme” means a scheme which provides for residential sites, houses or apartments including ancillary land uses such as- (i) building and other facilities for health, education, culture, transportation, communication and shopping; (ii) environmental improvements; and (iii) utility services, that is to say water supply, drainage, sewerage, sanitation, electricity and fuel. (h) ‘Prescribed’ means prescribed by the rules. (2) Save as otherwise provided in this Ordinance or where context otherwise requires all terms and expressions used but not defined in this Ordinance shall bear the same meanings as they bear in Land Acquisition Act 1894 (Act I of 1894). 3. Liability to acquisition.- Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894 or any other law for the time being in force, all land within Azad Jammu and Kashmir shall be liable to acquisition at any time under this Ordinance for Development and Housing Schemes approved by Government or Official Development Agency. 4. Publication of Notification and Land to be marked out and measured.- When any land is proposed to be acquired under this Ordinance, the Collector shall cause a notice to be published in the official Gazette with details of the property and thereafter 4 Volume VII (1981 to 1984) shall cause the land (unless it has already been marked out) to be marked out and measured and if no plan has been made thereof a plan shall be made of the same. 5. Notice to persons interested.- (1) The Collector then cause public notice to be given at convenient places on or near the land to be acquired stating that the Government intends to acquire and take possession of the land, and that claims to compensation for all interests in such land etc. may be made to him. He shall also inform all the owners and the claimants of interests in such land by giving them a special notice of 10 days in accordance with rules. (2) Such notice shall state the particular of land so needed and shall require all persons interested in the land to appear personally or by agent before the Collector at a date, time and place therein mentioned (such period not being earlier then 10 days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interest, and their objections, if any, ,to the measurements made under Section 4 and t he Collector may require any such statement to be made in writing and signed by the party or his agent. 6. Inquiry and award by Collector.- On the day so fixed, or any other subsequent days to which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections, if any, whether interested persons or claimants are present or not after service of the notice and shall determine. (i) The correct area of the land; (ii) Compensation which in his opinion, having regard to the provisions of this Ordinance, is reasonable; and (iii) Apportionment of such compensation among all the claimants or person known or believed to be interested in the land whether or not they have appeared before him. 7. Matters to be considered in determining compensations.- (1) In determining the amount of compensation to be awarded for land acquired under this Ordinance, the Collector shall take into consideration. (i) market value of the land to be determined on the basis of two years average sale price of land similarly situated and put to similar use preceding the date of notification under Section 4; 5 Volume VII (1981 to 1984) Provided that the maximum rate of compensation so determined in the notified Master Plan Areas for housing schemes by the Collector shall not exceed rupees twenty thousand per kanal in the district headquarters fo Muzaffarabad, Rawlakote, Mirpur and Kotli, rupees ten thousands per kanal in Tehsil headquarters and five thousands per kanal in other areas. (ii) The damage if any, sustained by the person interested at the time of taking possession of tehe land by reason of severing such land from the other land; (iii) The damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner or his earnings; and (iv) If, in consequence of the acquisitions of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change; (v) The damage sustained by the person interested by the reason of dispossession of any standing crops or trees or building or other structure or installations which may be existing on the land.
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